| 1 | 1 | | 85R12786 AJA-D |
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| 2 | 2 | | By: Krause H.B. No. 4153 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain suits concerning real property. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 16.003, Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended by adding Subsection (c) to read as follows: |
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| 11 | 11 | | (c) The limitations period prescribed by Subsection (a) for |
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| 12 | 12 | | a suit for trespass for injury to the estate applies only to a suit |
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| 13 | 13 | | for damages arising from the trespass. |
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| 14 | 14 | | SECTION 2. Section 37.004, Civil Practice and Remedies |
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| 15 | 15 | | Code, is amended by adding Subsections (d) and (e) to read as |
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| 16 | 16 | | follows: |
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| 17 | 17 | | (d) An action under this chapter to obtain a determination |
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| 18 | 18 | | of the proper boundary line of real property owned by the person |
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| 19 | 19 | | bringing the action is not subject to a limitations period. |
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| 20 | 20 | | (e) A person may bring an action for trespass to real |
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| 21 | 21 | | property and an action to obtain a determination under this chapter |
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| 22 | 22 | | of the proper boundary line of the property in the same proceeding |
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| 23 | 23 | | and may recover costs and attorney's fees under Section 37.009 for |
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| 24 | 24 | | both causes of action. |
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| 25 | 25 | | SECTION 3. Section 16.003(c), Civil Practice and Remedies |
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| 26 | 26 | | Code, as added by this Act, is intended to clarify rather than |
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| 27 | 27 | | change existing law. |
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| 28 | 28 | | SECTION 4. (a) Subject to Subsection (b) of this section, a |
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| 29 | 29 | | person may bring a suit for injunctive relief to remedy a trespass |
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| 30 | 30 | | to real property or for declaratory relief concerning the |
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| 31 | 31 | | boundaries of real property on or after the effective date of this |
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| 32 | 32 | | Act, regardless of any determination before the effective date of |
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| 33 | 33 | | this Act that such a suit was barred by the limitations period |
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| 34 | 34 | | prescribed by Section 16.003, Civil Practice and Remedies Code, for |
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| 35 | 35 | | a suit for trespass for injury to the estate. |
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| 36 | 36 | | (b) A suit may not be brought on or after the effective date |
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| 37 | 37 | | of this Act for injunctive relief to remedy a trespass to real |
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| 38 | 38 | | property if the suit is barred by a limitations period other than |
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| 39 | 39 | | the limitations period prescribed by Section 16.003, Civil Practice |
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| 40 | 40 | | and Remedies Code, for a suit for trespass for injury to the estate. |
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| 41 | 41 | | SECTION 5. Section 37.004(e), Civil Practice and Remedies |
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| 42 | 42 | | Code, as added by this Act, applies only to an action commenced on |
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| 43 | 43 | | or after the effective date of this Act. |
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| 44 | 44 | | SECTION 6. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2017. |
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